Daily Journal | Arbitration post-Concepcion

Brian Kabateck recently spoke with the Daily Journal about AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court set forth guidelines supporting the enforcement of arbitration provisions under the Federal Arbitration Act (FAA). These cases present a hurdle for consumers and employees who are trying to vindicate their rights in court or through class actions, which is why California lawyers like myself have struggled to deal with the fallout from the U.S. Supreme Court’s strong backing for arbitration over class actions in consumer law. I believe Concepcion has forced lawyers to pivot from consumer cases to employment matters where representative actions remain possible. In the firm’s case, we have turned away numerous righteous consumer cases because Concepcion gave license to corporate America to steal from consumers without the threat of a lawsuit.